Karnataka High Court
Yamanappa S/O Muttappa Nayak vs The State Of Karnataka on 12 March, 2026
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NC: 2026:KHC-D:3986
CRL.P No. 100173 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 12TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CRIMINAL PETITION NO. 100173 OF 2026
(439(CR.PC)/483(BNSS))
BETWEEN:
YAMANAPPA S/O. MUTTAPPA NAYAK,
AGE: 25 YEARS, OCC: COOLIE,
R/O. BHANTANUR, TQ: MUDHOL,
DIST: BAGALKOTE-587204.
...PETITIONER
(BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY LOKAPUR POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
...RESPONDENT
Digitally
(BY SRI. ABHISHEK MALIPATIL, HCGP)
signed by
SAROJA
HANGARAKI
Location: THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
HIGH COURT
OF OF BNSS, 2023 SEEKING TO ALLOW THE PETITION AND ORDER
KARNATAKA,
DHARWAD
BENCH
TO RELEASE THE PETITIONER (ACCUSED NO.3) ON BAIL IN
LOKAPUR P.S. CR.NO.140/2025 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 126(2),
109, 352, 351(2) READ WITH 190 OF BARATIYA NYAYA
SANHITA, 2023 ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM
COURT, MUDHOL, BAGALKOTE DISTRICT, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 100173 of 2026
HC-KAR
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
This is the petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, hereinafter referred to as 'B.N.S.S.') on behalf of petitioner (accused No.3) praying for release on bail in Crime No.140/2025 of Lokapur Police Station for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 352, 351(2) R/w Section 190 of the B.N.S.S., 2023 on the file of the Additional Senior Civil Judge and C.J.M. Court, Mudhol, Bagalkot.
2. The facts of the first information are narrated in detail in the bail petition. It is further contended that the petitioner is innocent of the alleged offences. There is civil dispute between parties since long time. There is counter- complaint lodged in Crime No.141/2025 against the first informant of this case by father of petitioner. The first informant has obtained bail in that case. The first informant is out of danger and already discharged from the hospital. -3-
NC: 2026:KHC-D:3986 CRL.P No. 100173 of 2026 HC-KAR The petitioner is falsely implicated in this case due to ongoing family and property dispute between the first informant's family and the petitioner. Already civil suit is pending before Civil Court, Mudhol. The civil dispute is in respect of ancestral agricultural property. The alleged offences are not punishable either with death sentence or imprisonment for life. The investigation is substantially completed. Petitioner's custodial interrogation is not required. The alleged incident has taken place on 19.09.2025 whereas the F.I.R. was lodged on 29.09.2025 i.e. after lapse of 10 days. The petitioner is in judicial custody since 21.12.2025. He has co-operated for the investigation. The petitioner is respectable and law-abiding citizen and there are no criminal antecedents. He is deep- rooted in the society. He is the sole earning member of the family. He undertakes to cooperate for the investigation and trial. He undertakes to abide by the conditions that may be imposed for his release on bail. Hence, prayed for allowing the bail petition.
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3. Learned H.C.G.P. orally objected to the bail petition stating that the wound certificate of first informant/victim reveals that he has sustained two grievous injuries i.e., one on his head and another is on left arm and thus, they are on vital part. CW.5 is eyewitness. Already charge sheet is ready, but it is under scrutiny. Thus, there is substantial material against petitioner. Hence, prayed for rejection of the bail petition.
4. Having heard the arguments of both the sides, verifying the petition papers, the point that arises for consideration is:
Whether petitioner is entitled for regular bail?
5. The finding of this Court on the above point is in affirmative for the following reasons:
6. At the time of arguments, learned H.C.G.P. has submitted that already charge sheet is ready, but it is only under scrutiny. According to complaint averments, the serious overt acts are alleged only against present -5- NC: 2026:KHC-D:3986 CRL.P No. 100173 of 2026 HC-KAR petitioner. It is alleged in the first information that the first informant on 20.12.2025 had been to Hanumantha temple in his motorcycle and while coming back from the temple, the petitioner and other accused persons were conspiring together by knowing that he would come back from the temple in the same way near the lands which are under cultivation by accused No.1, the petitioner and along with other accused persons have prevented the first informant from going further in which direction he has right to go and they became members of unlawful assembly by holding sickle, stones, bricks, clubs and other deadly weapons and abused him in filthy language that the first informant instigated the female members of the family to file suit and with an intention to kill him, accused No.1 assaulted with sickle (Koita) on his head, accused No.3 (present petitioner) assaulted with sickle on the left hand of first informant and the remaining accused persons assaulted with bricks, stones and clubs and also with hands and also to his father with clubs. At that time passersby have pacified the quarrel and -6- NC: 2026:KHC-D:3986 CRL.P No. 100173 of 2026 HC-KAR rescued the first informant and his father. At that time, the petitioner and other accused persons have threatened on their life with dire consequences. Afterwards they have been shifted to hospital in an ambulance and taking treatment.
7. While taking treatment, the police officials came to the hospital and at the time, he has given this written complaint being written by Sri P.M. Amate.
8. After receipt of the complaint, investigation is commenced, spot panchanama and recovery panchanamas are drawn. Statements of witnesses are recorded. Wound certificate is received. It reveals that the first informant has sustained grievous injuries on his head and also fracture on his left forearm.
9. The present petitioner was arrested on 21.12.2025 and produced before the Court. Since then, he is in custody i.e., since about 2-½ months. -7-
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10. The bail petition filed on behalf of petitioner was rejected by III Additional District and Sessions Judge, Bagalkote, sitting at Mudhol on the ground that serious overt acts are alleged against present petitioner; whereas the anticipatory bail petition filed on behalf of other accused persons was allowed.
11. As it is, the first informant is out of danger. He has obtained bail in the counter-complaint lodged against him. The investigation is almost completed and as per the submission of learned HCGP, it is only under scrutiny. Since from the date of producing accused No.1/petitioner before the Court, he remain in judicial custody. Hence, his custodial interrogation is not required. The offences alleged against present petitioner are punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 352, 351(2), R/w 190 of B.N.S.S., 2023. The maximum punishment for these offences is life imprisonment and they are triable by Court of Sessions.
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12. The petitioner is ready to abide by any conditions that may be imposed for his release. As the investigation is almost completed and the charge sheet is yet to be filed, the apprehension of learned H.C.G.P. that tampering with or threatening the prosecution witnesses, the abscondence of the petitioner could be safeguarded by imposing suitable conditions. It is a settled principle that 'bail is a rule and jail is an exception'. Hence, as the first informant is now out of danger, the petitioner is entitled to be enlarged on bail subject to suitable conditions.
13. For the foregoing reasons, the point under consideration is answered in the affirmative and this Court proceeds to pass the following:
ORDER
1. The bail petition filed under Section 483 of B.N.S.S., 2023 is hereby allowed.
2. The petitioner is released on bail, on the file of the Additional Senior Civil Judge and -9- NC: 2026:KHC-D:3986 CRL.P No. 100173 of 2026 HC-KAR C.J.M. Court, Mudhol, Bagalkot arising out of Crime No.140/2025 of Lokapur Police Station for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 109, 352, 351(2) R/w Section 190 of the B.N.S.S., 2023 on he executing self-bond for a sum of ₹.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of learned C.J.M., and directed to produce his I.D. and address proof documents with following conditions:
i) The petitioner shall not tamper with any of the prosecution witnesses either directly or indirectly;
ii) He shall not commit similar offences;
iii) He shall appear before Investigating
Officer as and when called for
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HC-KAR
investigation during the reasonable hours of the day.
iv) In the event charge-sheet is filed and cognizance is taken against the petitioner, the petitioner shall appear before the Court regularly without fail till completion of trial without exception.
v) The sureties are directed to produce title
deeds of the property before the
jurisdictional Magistrate.
If any of these conditions are violated, then, the bail bond will be automatically cancelled.
Sd/-
(GEETHA K.B.) JUDGE SSP CT-MCK LIST NO.: 2 SL NO.: 1